Simerly v. Osborne

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION TONYA SIMERLY, Plaintiff, v. CIVIL ACTION NO. 2:20-cv-00119 C.L. OSBORNE, et al., Defendant. MEMORANDUM OPINION AND ORDER Pending before the Court is Plaintiff Tonya Simerly’s Motion to Remand. (ECF No. 6.) For the reasons that follow, the Court DENIES the motion. I. BACKGROUND This action arises out of law enforcement effectuating an arrest in the city of Smithers, West Virginia. Plaintiff filed the original complaint in the Circuit Court of Fayette County, West Virginia, on January 8, 2020.…